TJ-RJ declares unconstitutional law that requires parking to have cameras

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State law that requires parking lot owners to install security cameras that cover the entire area of ​​the site contradicts the Federal Constitution , as it violates the Union's exclusive competence to legislate on Civil Law and free enterprise.


With this understanding, the Special Body of the Court of Justice of Rio de Janeiro declared, this Monday (5/3), Rio de Janeiro Law 6,632/2013 unconstitutional .

The rule requires owners of parking lots in Rio to install a filming and recording system for images of vehicles that remain there. Cameras must work at all times and cover the entire area of ​​the site, especially the entrance and exit.

The images, according to state law B2B Lead must register date and time and be kept on file for 30 days. If the vehicle is stolen or stolen from the parking lot, the owner must send a copy of the footage to the police within three business days. And if a vehicle was damaged at the establishment, its owner will be entitled to receive a free copy of the videos. Anyone who fails to comply with these rules will be subject to the penalties of the Consumer Protection Code .

The Union of Garages, Parking and Services Activities of the State of Rio de Janeiro (Sindepark) and the Brazilian Association of Shopping Centers (Abrasce) filed direct unconstitutionality actions against the rule. In 2014, the Special Body granted an injunction to suspend the law.



In this Monday's session, Abrasce lawyer Paulo Chor , partner at Lobo & Ibeas Advogados, argued that State Law 6,632/2013 is formally unconstitutional. This is because it regulates parking activity, which is nothing more than a deposit contract, whose rules are in Chapter IX of the Civil Code . And the Union has exclusive competence to legislate on Civil Law, said Chor, remembering article 22, I, of the Federal Constitution.

The lawyer also argued that the rule is defective as a legislative initiative. According to him, the law deals with public security, which must be guaranteed by the Civil and Military police. However, the Constitution of Rio de Janeiro, he highlighted, establishes that only the governor can propose law initiatives regarding state police officers. And Law 6,632/2013 was suggested by then state deputy Ricardo Abrão (PDT).

Furthermore, Chor highlighted that the rule violates free enterprise, by interfering in the business of parking lot owners and generating costs for them. And there is no guarantee that installing cameras will increase security, Abrasce's lawyer said.